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HomeMy WebLinkAbout2001-02 02-07 APSTATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION CQUNTY OF HENNEPIN) Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the newspaper known as Sun -Post or the president's designated agent, and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive weeks; it was first published on Wednesday, the 7 day of February 2001, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of 2001; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz and sworn to r affirmed before me I on this 2 day of h LI MERIDEL M. HEDBLOM a NOTARY PUBLIC- MINNESOTA l MY COMMISSION EXPIRES 1-31-2005 9 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged Publisher 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 26th day of February, 2001, at 7 p.m. or as soon there- after as the matter may be heard at the City Hall, 6301 Shingle Creek Parkway, to consider an ordinance amend- ing Chapter 25 of the Brooklyn Center Ordinances relat- ing to management of the right of way. Auxiliary aids for persons with disabilities are available upon request at least 96 hours in advance. Please contact the City Clerk at 763 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 OF THE BROOKLYN CENTER ORDINANCE REGARDING MANAGEMENT OF RIGHT OF. WAY THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Section 25 -1001 is hereby amended as follows: Section 25- 1001. DEFINITIONS. The following defini- tions apply to the Right- of-Way Management Ordinance of this Code. Unless used in a context which indicates other- wise, defined terms remain defined terms whether or not capitalized. a. "Applicant" means any person requesting permission to excavate or obstruct a right -of -way. b. "City" means the City of Brooklyn Center, Minnesota. For purposes of Section 25 -1026, city includes its elected officials, officers, employees and agents. L "City Cost" means the actual cost incurred by the City for public rights of way management; including but not limited to costs associated with registering applicants; is- suing, processing, and verifying right -of -way permit appli- cations;: crew'! infor :tjo m 'nin- 'reform.- tion on a geographical information system (GIS) manning system: degradation costs; inspecting job sites and restora- tion projects; maintaining, supporting, protecting, or mov- ing user esj ipaeent facilities during public right-of-way work; providing traffic control due to applicant's neglect or inadequate performance; determining the adequacy of right -of -way restoration; restoring work inadequately per- formed; and revoking right -of -way permits and performing all other tasks required by this Right of Way Management Ordinance, including other costs the city may incur in managing the provisions of this Right of Way Management Ordinance. d. "Construction Performance Bond" means any of the fol- lowing forms of security provided at the permittee's option: 1. Individual oroiect bond 2. Cash deposit: 3. Security of a form listed or approved under Minn. Stat. f3 15.73. subdivision 3; 4. Letter of credit. in a form acceptable to the Director: 5. Self- insurance in a form acceptable to the Director; 6. A blanket bond for proiects within the City. or 7. eth- for ,f: ons .n "lid for ecifi an in firm .bl the 5 cto "Degradation" means a decrease in the useful life of the light-of-way caused by excavation in or disturbance of the right-of-way. resulting in the need to reconstruct such ri ht- ,f -wa lie han w ld required if exc: ye- ti on or disturbance did no occur. f "le• a.. tio •,E" ,:e:,: heco ate' ve, -vel restoration as determined by the city at the time the Per- mit is issued. not to exceed the maximum restoration sh in ,1 1 1 f in u 7819.9900 to 7819.9950. 4g, "Delay Penalty" means the penalty imposed as a result of unreasonable delays in right -of -way construction. elL"Department" means the Department of Public Works of the City. fi 'Department Inspector" means any person authorized by the Director to carry out inspections related to the pro- visions of this Right of Way Management Ordinance. gj, `Director" means the City Manager, or her or his de- signee. lsk, Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or re- placement in order to restore service to a customer. it "Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of-way. t "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right-of- way, except horticultural practices of penetrating the boulevard area to a depth of less than 12 inches. lv3 "Excavation,permit means the permit which must be obtained before a person mayexcavate in a right- ofway.' An excavation permit allows the holder to excavate that part of the right of way described in such permit. lo,. "Excavation Permit Fee" means money paid to the City by an applicant to cover the costs as provided in Section 26- 1009. ssp. "Facility" or "Facilities" means any tangible asset in the right -of -way required to provide Utility Service, but shall not include boulevard plantings or gardens planted or maintained in the right of way between a person's prop erty and the street edge or, curb. sg. "In," when used in conjunction with "right -of -way," means over, above, in, within, on or under a right-of-way. er. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a reg- istrant to accept service and to make decisions for that reg- istrant regarding all matters within the scope of this Right of-Way Management Ordinance. ps,"Obstruct" means to place any object in aright -of -way so as to hinder free and open passage over that or any part of the right -of -way. st. "Obstruction Permit" means the permit which must be obtained before a person may obstruct a right -of -way, al- lowing the holder to hinder free and open passage over the specified portion of that right -of -way by placing equipment facilities described therein on the right-of-way for the du- ration specified therein. ea,, "Obstruction Permit Fee" means money paid to the City by a registrant to cover the costs as provided in Section 25- 1009. ey Permittee" means any person to whom a permit to ex- cavate or obstruct a right -of -way has been granted by the City under this Right of Way Management Ordinance. tw"Person" means any natural or corporate person, busi- ness association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a util- ity, a successor or assign of any of the foregoing, or any other legal entity which has or seeks to have equipmeai-fa, 'ties in any right -of -way. sg, "Registrant" means any person who (1) has or seeks to have its egeipmentfacilities located in any right -of -way, or (2) in any way occupies or uses, or seeks to occupy or use, the right -of -way or any equipment facilities in the right -of- way. ey. "Repair" means the temporary construction work nec- essary to make the right -of -way useable for travel. �r. cg "Restore or Restoration" means the process by which an excavated right -of -way and surrounding area, including pavement and foundation, is returned to the same condi- tion that existed before the commencement of the work. y "Restoration Cost" means an amount of money paid to the City by a permittee to cover the cost of restoration. ebb. "Right -of -Way" means the surface and space above and below a right -of -way for public roadway, highway, street, cartway, bicycle lane and public sidewalk purposes in which the City has an interest, including other dedicat- ed rights-of-way for travel purposes and utility easements of the city. sac. "Right -of -Way Management Ordinance" means Sec- tions 25 -1000 through 25 -1032 of this Code. hlsi� "Right -of -Way Permit" means either the excavation permit or the obstruction permit, or both, depending on the context, required by this Right -of -Way Management Ordi- nance. Right -of -Way User" means: 1. A telecommunications right -of -way user as defined by Minn Stat. 13 237.162. subdivision 4: or 2 A person owning or controlling a facility in the public right -of -way that is used or is intended to be used for providing utility service. and who has a right under law, franchise. or ordinance to use the nublic right -of -way. eeff. "Service" or "Utility Service" includes but is not lim- ited to (1) those services provided by a public utility as de- fined in Minnesota Statutes 216B.02, Subdivisions 4 and 6; (2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, electric- ity, light, heat, cooling energy, or power services; (3) the services provided by a corporation organized for the pur- poses set forth in Minnesota Statutes 300.03; (4) the ser- vices provided by a district heating or cooling system, and (5) cable communications systems as defined in Minneso- ta Statutes Chapter 238. 44gg. "Supplementary Application" means an application made to excavate or obstruct more of the right -of -way than allowed in, or to extend, a permit that has already been is- sued. rim iIhh. "Unusable Eguipmeet Facilities" means cg peaent facilities in the right -of -way which has remained unused for one year and for which the registrant is unable to pro- vide proof that it has either a plan to begin using it with- in the next twelve (12) months or a potential purchaser or user of the ectaits:wet facilities. Section 2. Section 25 -1003 is hereby amended as fol- lows: Subdivision 3, Exceptions. i. Use by private landowners of utility easement areas for "t ns':t•ntwi i hts of .ar- ties entitled to use the easement Section 3. Section 25 -1006 is hereby amended as fol- lows: Subdivision 1. Permit Required. c. Exceptions. A permit shall not be required for: f, Use by private landowners of utility easement areas for Facilities that are not inconsistent with the rights of par- ties entitled to use the easement Subdivision 2. Permit Extensions. No person may s work in or obstruct the right -of-w :y beyond the date specified in the nermit or do any work beyond that specified in the permit unless Such person makes a supplementary application for an ex- ns'._ ofth• d' rmit before expiration of thepermit. pays a permit extension fee ncionb Di li- stances beyond the control of the permit holder, Section 4. Section 25 -1007 is hereby amended as fol- lows: Section 25 -1007 PERMIT APPLICATIONS. Application for a permit is made to the Director. Right -of -way permit applications shall contain, and will be considered complete only upon compliance with the requirements of the follow- ing provisions: a. Registration with the Director pursuant to this Chap- ter; b. Submission of a completed permit application form, in- cluding all required attachments; and scaled drawings showing the specific location and area of the proposed pro- ject and the detailed location of all existing and proposed equipment facilities; c. Payment of all money due to the City for 1. permit fees and costs, and any required deposit. d. When an excavation permit is requested for purposes of installing additional maipment facilities, and the post ing of a restoration rologJaamtien performance bond for the additional equipmest facilities is insufficient, the posting of an additional or larger reetersties construction perfor- mance bond for the additional enaipmeat facilities may be required. Section 5. Section 25 -1008 is hereby amended as fol- lows: Subdivision 3. Standards for Construction or Installation. The regaiiremente and standards for facility construction or installation are contained in the General Requirements prohibit specific locations for facilitieamithin the right -of- wav or any particular segment thereof All excavation. ob- struction. or other permits issued by the Director involv- ing the installation or replacement of facilities shall des- ignate the proper location for the facility at issue. The Di- rector may deny a permit application. as provided in Sec- tion 25 -1014. in the event the proposed location of such fa- cilities is not consistent with the leation required by the Director, The Director may revoke a permit. as provided in Section 25 -1019. in the event the facilities are installed in a location that is inconsistent with the location desig- nated in the avplicablepermit Any registrant whose facilities were previously located in the right -of -wav in a position at variance with the locatiome established by the Director shall, no later than at the time of the next reconstruction or excavation of the area where facilitie_ ar• lots ve f. t'on wi is waived by the Director for good cause shown. upon con- sideration of such factors as the remaining economic lief the facilities. nublic safety. customer service needs and hardship to the registrant Section 6. Section 25 -1009 is hereby amended as fol- lows: Subdivision 3. Deposit The Director may require that a permit application be accompanied by a deposit. in addi- tion to the Permit Fee and Construction Performance Bond. in an amou t established by the Director in order to offset any City costs that exceed the amount covered by the Permit Fee. Such additional City costs may include, but are not limited to inspection costs for consultants or inde- pendent contractors legal fees. and other out of pocket ex- penses. degradation costs. or restoration costs. The permit feewi .ve i taff tim•s.e tin the a.. s .o. -.f e rmit .r.c• and inins.ec a tivi The Director may require an applicant to submit a single deposit in an amount intended to cover all City costs which the Director determines may be incurred during the sub- sequent twelve (12) month period based on an applicantis construction and major maintenance plan filed in accor- dance with Section 25 -1005. The Director shall approve all expenses charged against the deposit, and the unused portion thereof shall be returned to the applicant. The Di- rector may periodically require that the deposit amount be r .len• h x ns s are char in d-.o-• The permit application shall further state that the appli- cant a' e•- to re' ur he Cit for an i .sts in- curred by the City in excess of the amount of the deposit. Subdivision 34. Payment of Permit Fees. No excavation permit or obstruction permit shall be issued without pay- ment of such fees before the issuance of such a permit. Subdivision 45. Non refundable. Permit fees that were paid for a permit that the Director has revoked for a breach as stated in Section 25 -1019 are not refundable. Subdivision g6. Use of Permit Fees. Ail obstruction and excavation permit tees shall be used solely for city man- agement, construction, maintenance and repair costs of the right -of- way. Section 7. Section 25 -1010 is hereby amended as fol- lows: Subdivision 2. Repair and Restoration. Permittee shall repair and restore its own work. The permittee shall at the time of application for an excavation permit post a restoration construction performance bond in an amount determined by the Director to be sufficient to cover the cost of restoring the right -of -way to its preexcavation condition. If, twelve (12) months after completion of the restoration of the right -of -way, the Director determines that the right of -way has been properly restored, the surety on the restoration construction performance bond shall be re- leased. Permittees with whom the City has a current fran- chise agreement, or authorized agents, contractors, or sub- contractors of that franchise shall not be required to post a reeteratien construction performance bond. Subdivision 4. Guarantees. The permittee guarantees its work and shall maintain it for twelve (12) months following its com- pletion. During this 12month period it shall, upon notifi- cation from the Director, correct all restoration work to the extent necessary, using the method required by the Direc- tor. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not in- cluding days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 25 -1013. Subdivision 5. Failure to Restore. If the Permittee fails to restore the right -of -way in the manner and to the condi- tion required by the Director, or fails to satisfactorily and timely complete all restoration required by the Director, the Director at its option may do such work. In that event the permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way. If permit tee fails to pay as required, the city may exercise its rights under the reeteratiea construction performance bond. Section 8. Section 25 -1012 is hereby amended as fol- lows: Subdivision 1. Limitation on Area. A right-of-way permit is valid only for the area of the right -of -way specified in the permit. which shall not exceed one (1) lineal mile of right of -way. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or exca- vated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. The total area for which a permittee shall be permitted at any one time. pursuant to multiple permits of permit extensions. shall not exceed three (3) lin- eal miles of right- of -w :y. Section 9. Section. 26 -1014 is hereby amended as fol- lows: Section 25 -10j4. DENIAL OF PERMIT. The Director may deny a permit for failure to meet the requirements and conditions of this Right -of -Way eennagementManagement Ordinance er, if the Director determines that denial is nec- essary to protect the public health. safety and welfare. to prevent interference with the safety and convenience of or- dinary travel over the right-of-waysitesithreafelmsedmel- fere-or when necessary to protect the Right right-of-Ws, wav and its current use. The Director. in his/her discre- tion may consider factors including; as the extent to which right -of -way space where the per- mit is sought is available; h, the competing demands for the particular space in the right-of-way; s. the availability of other locations in the right -of-way or in other rights -of -way for the eauinment of the Hermit ao Pliant; d.. the applicability of ordinance or other regulations of the right -of -way that affect location of equipment in the right of -w:y the degree of compliance of the apnlicant with the teams and conditions of its franchise. this Right -of -Wav Management Ordinance. and other applicable ordinances }Ind regulations; f, the degree of disruption to surrounding communities and businesses that will result from the use of that part of the right-of-war g. the condition and age of the right -of -way and whether d.u-n' issc n .sad parts of the right -of -wav i. in the di-c a 'ono h- Directo i su mit for the particular date and/or time would cause a con- flict or interfere with an .exhibition. celebration, festival, or any other event. Section 10. Section 25 -1017 is hereby amended as fol- lows: ee Adopted this day of Mayor ATTEST: City Clerk Date of Publication Effective Date (Feb. 7, 2001)P1/Right -of -way 2001. n• er- Subdivision 2. Non Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right -of- way must subsequently obtain a permit, pay double the normal fee for said permit, pay a _n _t f_ deposit with the Direc- tor the fees necessary to correct any damage to the right of -way and comply with all of the requirements of this Right -of -Way Management Ordinance. Section 11. Section 25 -1021 is hereby amended as fol- lows: Section 25 -1021, LOCATION OF EQUIPMENT FACILI- TIES. Subdivision 1. Undergrounding. Unless otherwise per- mitted by Minnesota Statutes, Section, 216B.36, new construction,,.the installation of new egaipssent facilities and ha replacement of old egaipsmest facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes, except that the Director may approve above ground location and in- s allation that e Director has de rmined canno rea- sonably be placed underground due to expense. nature. or function if there are no unreasonable safety. maintenance, or aesthetic concerns or conflicts with the current use of the right -of -way Section 12. Section 25 -1032 is hereby amended as fol- lows: Section 25-1032. WAIVER. The Director may waive any or all requirements of Sections 25 -1003 through 25 -1005, 25 -1006 through 25 -1009, and 25 -1020 if compliance is not deemed to be reasonably necessary, in the discretion of the Director, to serve the purposes of this Right -of -Way Man- agement Ordinance. The decision of the Director not to waive any such requirement is not subject to appeal to the city council. Section 25 -1021 may be waived as provided therein. Waiver of provisions of Sections 25 -1003 through 25 -1005 and 25 -1020 may be rescinded by the Director at any time upon written notice to the person subject to the requirement. Section 13. Section 25 -1000, 1003, 1023 and 1028 are hereby amended by replacing "is" with "are" where it oc- curs after "equipment Section 14. Section 25 -1000, 1003, 1006, 1017, 1020, 1021, 1022, 1023, 1024, 1025, 1026 and 1028 are hereby amended by deleting all references to "equipment or "equipment is" and substituting "facilities" or "facilities are" therefor Section 15. This ordinance shall be effective after adop- tion and thirty days following its legal publication. (Strikeouts indicate matter to be deleted, underline indi- cates new matter.)